Ordinance 2004-16 /'~ MAR ~004 ORDINANCE NO. 2004 - 1 6
~~ O~~E NO. 2001-13 (THE COLLIER CO~TY CONSOLID~TED-~
~Ot ~CT FEE ORDINANCE, AS AMENDED), BY AMENDING CHA~ 74
~THE CODE OF LAWS AND ORDINANCES; ROVIDING FOR ~E
ADOPTION OF A GENERAL GOVERNMENT IMPACT FEE; PROVID~
FOR A SHORT NAME, PURPOSE, LIMITATION ON APPLICABILI~,
PAYMENT, USE OF FUNDS, IMPACT FEE RATES, AND ANNUAL MID-
CYCLE YEAR INDEXING ADJUSTMENTS; PROVIDING FOR ADOPTION OF
FEE STUDY; PROVIDING FOR ADOPTION OF FACILITIES MASTER PLAN;
PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SCHEDULE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR A DELAYED EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County (the Board)
has authority to adopt proportionate share development impact fees pursuant to its home
rule powers under Article VIII, §l(f), Fla. Coast., Chapter 125.01, et seq., Fla. Stat., and
Chapter 163, Part II, Fla. Stat.; and
WHEREAS, the Florida Legislature specifically has encouraged "the use of
innovative land development regulations which include provisions such as ...impact
fees;" and
WHEREAS, the Board has studied the necessity for and implications of the
adoption of General Government impact fees and has retained Tindale-Oliver &
Associates, Inc. and, by subcontract, Growth Management Analysts, Inc. and Freilich,
Leitner & Carlisle, to prepare a development impact fees report to determine the
proportionate demand new development generates for additional General Government
facilities; and
WHEREAS, Tindale-Oliver and Associates has prepared a development impact
fees report, titled "General Government Building Impact Fees," dated January 23, 2004
(hereinafter the "Fee Report"); and
WHEREAS, the Fee Report has been presented to, and reviewed by, the Board,
which has determined (1) that General Government impact fees are necessary to offset
the costs associated with meeting future demands for General Government facilities,
pursuant to the projections set forth in the Fee Report; (2) that the General Government
impact fees bear a reasonable relationship to the burden imposed upon the County to
provide General Government facilities and services to new residents, employees, and
businesses; (3) General Government impact fee funds will provide a direct benefit to such
new residents, employees, and businesses reasonably related to the impact fee assessed;
(4) that an "essential nexus" exists between the projected new development and the need
for additional General Government facilities and services to be funded with impact fees,
and between the impact fee and the benefits that accrue to new development paying the
fee; and (5) that the amount of the General Government impact fees is "roughly
proportional" to the pro rata share of the additional general government facilities and
services needed to serve new residential and non-residential development, while
maintaining or exceeding a level of service (LOS) standard of 2.0 square feet per
weighted resident; and
WHEREAS, the Consultants have relied upon the County for the costs of
construction (including land), engineering, architectural services, parking, landscaping,
heating and cooling facilities, and related expenses; and
WHEREAS, the Fee Report establishes that the County is projected to grow from
a population of approximately 334,506 weighted residents in 2003 to 557,682 in 2017;
and
WHEREAS, the number of jobs at non-residential locations in the County is
projected to increase steadily between 2003 (approximately 148,566 employed) and 2017
(approximately 199,462 employed); and
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Page I of 5
WHEREAS, Chapter 74-101, et seq., of the Collier County Code of Laws and
Ordinances, known and cited as the "Collier County Consolidated Impact Fee Ordinance"
or the "Collier County Impact Fee Regulations" (hereinafter referred' to as the
"Consolidated Ordinance") contains administrative provisions to ensure that the benefit
of General Govemment facilities funded with impact fees will accrue proportionately to
new development paying the fee; and
WHEREAS, the Board has found and determined that impact fees for General
Government facilities will have certain characteristics in common with other
development impact fees addressed in the Consolidated Ordinance and that the County
will, therefore, benefit from the adoption and use of a uniform procedure for the
imposition, calculation, collection, expenditure, and administration of all of the adopted
development impact fees; and
WHEREAS, the use of uniform procedures will best ensure that General
Government impact fees are "earmarked" and expended for the public facilities for which
they were imposed and collected; and
WHEREAS, the Board annually develops a capital budget and updates the
Capital Improvement Element of its Comprehensive Plan to ensure new development is
adequately provided with public facilities necessary to serve new development at the
growth rates projected in the Fee Report and in the other Impact Fee Studies adopted and
set forth at §74-106, of the Consolidated Ordinance, as amended by this Ordinance; and
WHEREAS, the Board has developed a General Government Facilities Master
Plan, which includes the General Government facilities to be constructed and provided on
a pro rata basis to new development paying the General Government impact fee; and
WHEREAS, based on the population, housing unit, and land use projections as
well as the General Government needs associated with the projected level of growth, the
Board has determined that General Government impact fees are an appropriate and
necessary technique, to be used in conjunction with other available public facility
financing techniques, to ensure that adequate General Government facilities are provided
for new development; and
WHEREAS, the Board has determined that development impact fees are
necessary for adequate General Government facilities sufficient to protect the public
health, safety, and general welfare of future residents and employees generated by new
development; and
WHEREAS, the Board has determined that the General Government impact fee
amounts bear a reasonable relationship to the burden imposed upon the County to provide
the additional capital improvement expenditures for such General Government facilities
necessary to serve new development at adopted level of service (LOS) standards; and
WHEREAS, the Consolidated Impact Fee Ordinance requires formal updates of
all impact fee rates in three-year cycles; and
WHEREAS, since the cost of providing General Government facilities increases
significantly during the years between the scheduled three-year updates, the Board
desires, by indexing, to incorporate changes in the relevant costs into the General
Government Impact Fee rates; and
WHEREAS, the Board has developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory manner.
NOW, THEI~EFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, THAT:
SECTION ONE. The report titled "General Government Buildings Impact
Fees," prepared by Tindale-Oliver & Associates, dated January 23, 2004, (hereinafter the
"Fee Report"), including all methodologies, assumptions, and conclusions drawn in the
report, is approved and adopted.
SECTION TWO. The General Government Facilities Master Plan, 'which is
attached hereto as Exhibit "A," is hereby incorporated by this reference and adopted.
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Page 2 of 5
General Government Impact Fee funds may be spent only in accordance with the General
Government Facilities Master Plan until the Capital Improvement Element of the Collier
County Comprehensive Plan and budget are amended to provide for General Government
facilities. During the next budget cycle and round of amendments to the Comprehensive
Plan, provision for General Government Facilities will be made in the County's annual
budget and Capital Improvement Element as appropriate and the attached Master Plan
shall be considered repealed upon that action.
SECTION THREE. The "General Government Impact Fee Rate Schedule,"
which is attached hereto as Exhibit "B," is hereby incorporated by this reference and
adopted as "Schedule Nine: General Government Impact Fee Rate Schedule" of
Appendix A of the Consolidated Ordinance.
SECTION FOUR. Article I, General, Section 74-104, Findings, of the Collier
County Code of Laws and Ordinances (County Code) is hereby amended to read as
follows:
Section 74-104. Findings
(4)
The level of service standards for the Public Facilities as adopted in the
Collier County Comprehensive Pian~ er ;.n the Water Master or
Wastewater Master Plan, or an adopted Impact Fee Study, as may
hereafter be amended from time to time are controlling upon this chapter
and are incorporated throughout this chapter.
SECTION FIVE. Article I, General, Section 74-106, Adoption of impact fee
studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-106. Adoption of lmpact Fee Studies. :
***
(9) General Government Facilities: "General Government Building Impact
Fees," dated January 23, 2004, prepared by Tindale-Oliver &
Associates, as amended.
SECTION SIX. Article I, General, Section 74-108, General Definitions, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-108.
General Definitions.
"Public Facilities" shall mean the following publicly-owned facilities and services
provided by Collier County or pursuant to an interlocal agreement with Collier County:
(1) Transportation systems, facilities and services; (2) Water and Sewer systems,
facilities and services; (3) Parks and Recreational systems, facilities and services; (4)
Library systems, facilities and services; (5) Emergency Medical systems, facilities and
services; (6) Educational systems, facilities and services; (7) Correctional systems,
facilities and services; an~' (8) Fire systems, facilities and services=~ and (9) General
Government systems, facilities and services.
SECTION SEVEN. Article II, Impact Fees, Section 74-201, Im[~osition of impact fees,
of the Collier County Code of Laws and Ordinances is amended to read as follows:
Section 74-201.
Imposition of Impact Fees.
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Page 3 of 5
(a) General Requirements. All Development within the unincorporated areas and
within the boundaries of all municipalities in the County shall pay all assessed Impact
Fees unless such Impact Fees, in whole or in part, have been exempted, waived, or
deferred pursuant to this Chapter. The Impact Fee shall be assessed based on a
calculation of the impact of the proposed Development on the respective Public
Facilities. The amount of the Impact Fee to be assessed for each type of Public Facility
shall be as specified in Sections 74-302 through 74 2~9 74-310.(Section 74-302 - Special
Requirements for Road Impact Fee; Section 74-303 - Special Requirements for Water
Impact Fee and/or Sewer Impact Fee; Section 74-304 - Special Requirements for Parks
and Recreational Facilities Impact Fee; Section 704-305 - Special Requirements for
Library Facilities Impact Fee; Section 74-306 - Special Requirements for Emergency
Medical Services Impact Fee; Section 74-307 - Special Requirements for Educational
Facilities Impact Fee; Section 74-308 - Special Requirements for Correctional Faci'lities
Impact Fee; an~ Section 74-309 - Special Requirements for Fire Facilities Impact Fee.;.
and Section 74-310 - Special Requirements for General Government Impact Fee).
SECTION EIGHT. Article II, Impact Fees, Section 74-203, Use of funds, of the
Collier County Code of Laws and Ordinances is hereby amended to add subsection "9" to
read as follows:
Section 74-203. Use of Funds.
***
(a). The Board hereby establishes or reaffirms the establishment of separate
impact fee trust funds for each of the public facilities, designated as follows:
(9) General Government: "General Government Impact Fee Trust Fund."
SECTION NINE. Article III, Special Requirements for Specific Types of Impact
Fees, Section 74-310, Special requirements for general government impact:fee, of the
Collier County Code of Laws and Ordinances is hereby added to read as folloWs:
Section 74-310.
Special Requirements for General Government Impact Fee.
(a) Short Name. This section may be known as "Special Requirements for General
Government Impact Fcc."
(b) Purpose. The purpose of this section is to tailor the general common requirements of
this chapter to thc specific requirements of General Government Impact Fees.
(c) Limitation on Applicability. See Section 74-103.
(d) Payment. See Section 74-202.
(e) Use of Funds. See Section 74-203.
(f) Impact Fee Rates. The General Government Impact Fee Rate Schedule incorporated
in Schedule Nine is hereby adopted and the General Government Impact Fees established
in the General Government Impact Fee Rate Schedule are hereby imposed on all
Development as required in this chapter at a rate established under the applicable Impact
Fee Land Use Categories ~ubjcct to the following limitations: i. that for one year from
[the effective date of this ordinance] the rates set forth in the then currently adopted
General Government Impact Fee Rate Schedule shall be applied at 75% (seventy-five
percent) of the then applicable rate~ ii. that for one year following the one year period in
i., above, the fee to be applied will be 85% (eighty-five percent),,of the then applicable
rate~ and iii. that at the end of the time period set forth in ii. above, and thereafter, the
rate to be applied will be 100% of the then applicable rate.
(g) Annual Mid-Cycle General Government Impact Fee Rate Indexing. Beginning
February 10, 2004, the County shall commence a three-year General Government Impact
Fee update cycle pursuant to Subsections 74-201.B. and 74-502.A of this Ordinance. In
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each of the two mid-cycle years (between the formal three-year updates) beginning on or
about February 10, 2005, the County shall implement adjustments to land and building
costs based on just property values published by the Collier County Property Appraiser's
Office and building cost index published by the Engineering-News Record. Mid-cycle
indexed rate change adjustments shall be adopted by a Resolution of the Board pursuant
to Subsection 74-201.B. of this Chapter.
SECTION TEN. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion .shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions.
SECTION ELEVEN. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions in Sections Four through Nine of this Ordinance shall be made a
part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinances may be renumbered or relettered and internal cross-references amended
throughout to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TWELVE. DELAYED EFFECTIVE DATE.
This Ordinance shall not become effective until April Ist, 2004, or when filed with
the Florida Department of State, whichever is later.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this ~,'b. day of March 2004.
ATTEST: .......... ,, BOARD OF COUNTY COMMISSIONERS
OF CO LIER COUNTY, FLORIDA
-~'~ .' ~'~"~-~ '- ~': *'
~A'v · -~;,'7~'~'~ ' 0 ~
B ~ ' ',:,' .~,.,': ..7'~ ". ~. ',
App, r6,~l .~a'] to 7~i~.~,'l~gal sufficiency:
Thomas C. Palmer, Patrick G. White,
Assistant County Attorney Assistant County Attorney
This ordino"c" !:'.d with the
Secretary c,f S.~c~e's Office the
and ack~aw~edgement of that
filing received this J_O-- day
of ,
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Page 5 of 5
APPENDIX A
SCHEDULE NINE: GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE
Land Use Rate
Residential
Residential
Manufactured Home
Transient, Assisted, Group
Hotel/Motel
Nursing Home/ALF
Recreational
Marina
Golf Course
Movie Theater with Matinee
Institutions
Hospital
Elementary School
Middle School
High School
Jr./Community College
University/College
Church
Day Care Center
Office and Financial
Office 50,000 sq ft or less
Office 50,001-100,000 sq f~ or less
Office 100,001-200,000 sq fi or less
Office 200,001-400,000 sq fi or less
Office Greater than 400,000 sq ft
Medical Office
Retail
Specialty Retail
Retail 50,000 sq fi or less
$119.70/1,000 sq fi
$216.30/1,000 sq fr
$199.50/Room
$258.30/Bed
$67.20/Berth
$7,333.20/18 Holes
$2,480.1 O/Screen
$625.80/1,000 sq fi
$48.30/Smdent
$65.10/Student
$77.70/Student
$79.80/Student
$140.70/Student
$231.00/1,000 sq fi
$184.80 Student
$806.40/1,000 sq fi
$686.70/1,000 sq ft
$583.80/1,000 sq fi
$497.70/1,000 sq fi
$453.60/1,000 sq. fi
$1,014.30/1,000 sq f~
$1,058.40/1,000 sq fr
$1,272.60/1,000 sq t~
Words :~.:ck x~augh are deleted; words underlined are added.
APPENDIX A
SCHEDULE NINE: GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE
(CONTINUED)
Retail (continued)
Retail 50,001-100,000 sq ft
Retail 100,001-150,000 sq ft
Retail 150,001-200,000 sq ft
Retail 200,001-400,000 sq ft
Retail 400,001-600,000 sq ft
Retail 600,001-1,000,000 sq ft
Retail greater than 1,000,000 sq ft
Pharmacy/Drug Store w/Drive-Thru
Home Improvement Superstore
Quality Restaurant
High Turnover Restaurant
Fast Food Rest. w/Drive-Thru
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
Convenience Store/Gas/Fast Food
Auto Repair
Tire Store
New/Used Auto Sales
Self Service Car Wash
Bank/Savings: Walk-in
Bank/Savings: Drive-in
Industrial
General Industrial
Business Park
Mini-Warehouse
$1,176.00/1,000 sq
$1,291.50.00/1,000 sq ft
$1,197.00/1,000 sq
$1,008.00/1,000 sq ft
$1,052.10/1,000 sq
$1,039.50/1,000 sq ft
$892.50/1000 sq ft
$879.90/1,000 sq ft
$903.00/1,000 sq ft
$2,910.60/1,000 sq
$3,217.20/1,000 sq
$3,412.50/1,000 sq f~
$741.30/Fuel Position
$504.00/Bay
$1,167.60/1,000 sq f~
$1,906.80/1000 sq ft
$1,946.70/Fuel Position
$2,889.60/1,000 sq ft
$1,348.20/1,000 sq ft
$697.20/Bay
$846.30/1,000 sq ft
$854.70/Bay
$1,178.10/1,000 sq ft
$1,029.00/1,000 sq ft
$394.80/1,000 sq f~
$953.40/1,000 sq ft
$33.60/1000 sq ft
Words :m:ck ~.re::gh are deleted; words underlined are added.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-16
Which was adopted by the Board of County Commissioners on
the 9th day of March, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th day
of March, 2004.
DWIGHT E. BROCK
Clerk of Cour~ts and~-Clerk
Ex-officio to Board of~
County Commissioners